Retail and Hospitality Team Prevails
Shareholders Glenn E. Ireland, Joe Driver and Virginia Gambacurta recently obtained a ruling from the Alabama Supreme Court granting their Petition for Writ of Mandamus and directing the circuit court to dismiss Plaintiff’s Complaint, thereby disposing of all claims against their client, a national pharmacy chain. On August 26, 2015, […]
Department of Labor Releases New Overtime Rule
More Than 4 Million Employees Newly Eligible for Overtime Pay – The Fair Labor Standards Act requires employers to pay overtime rates to many employees working more than 40 hours in a work week. The FLSA exempts certain positions from overtime rates for employees in executive, administrative and professional positions […]
Daubert Attack On Opposing Medical Causation Experts
Introduction To prevail in a personal injury case, an essential element the Plaintiff must prove is causation. That is, the Plaintiff must prove the subject accident or incident actually caused the Plaintiff’s injury and damages. Plaintiffs typically seek to establish this element through the testimony of one or more post-accident […]
Win for the Defense!
Hugh Harris recently secured a win in the District Court of Montgomery County, Alabama, on behalf of a hotel client sued in a slip and fall action. Hugh filed a motion for summary judgment, arguing that the Plaintiff’s claims were time-barred under the applicable statute of limitations found in Alabama […]
Taylor and Miller Achieve Summary Judgment
Jeremy Taylor and J. C. Miller, attorneys in our Mobile office, successfully obtained Summary Judgment on behalf of a safety consulting firm in a case involving a severed limb at a lumber processing facility. The lawsuit named numerous Defendants and was filed in a jurisdiction infamous for large Plaintiff’s verdicts.
Photos of Property Damages Admissibility Without Expert Testimony
Garvin v. Malone, 2016 Tenn. App. LEXIS 163 (Tenn. Ct. App. Feb. 26, 2016). In this significant ruling, the Court distinguished the facts of this case from those seen in Hardeman County v. McIntyre. 420 S.W.3d 742 (Tenn. Ct. App. 2013), as it relates to the admissibility of photographic evidence […]
Saving Statute Not Always Precluded by Tolling Agreements
Circle C Construction, LLC v. D. Sean Nilsen Et Al., (Tenn. Mar. 7, 2016) The Tennessee Supreme Court sent a clear warning in Circle C. Construction, LLC v. D. Sean Nilsen; craft tolling agreements with clear intentions and even clearer language. The Court decided that absent specific language in a […]
Taylor Successfully Defeats Motion to Dismiss
Shareholder Jeremy Taylor, in our Mobile office, successfully defeated a Motion to Dismiss filed as a result of a counterclaim. In the case, an injured railroad worker who was a passenger in a pay-for-hire transport vehicle became involved in an accident with a commercial motor carrier, who came to be […]
Dram Shop Case Where Neighbor Shot Minor Survives Summary Judgment
In Tennessee, a Knox County Circuit Court Judge is permitting a wrongful death lawsuit to continue against a sports bar accused of over-serving a teenage customer, Evan Hall, who later crashed into a neighbor’s yard and was shot to death by his neighbor and former classmate Bush. Hall’s parents have […]
Daughtry Receives Favorable Verdict
Shareholder Bricker Daughtry recently obtained a verdict in favor of his client relating to a union grievance requesting additional funeral pay. The Plaintiff alleged the company violated the collective bargaining agreement. Bricker argued the company’s actions complied with the agreement. Following a full arbitration, the arbitrator agreed and upheld the […]
